26 West Virginia opinions name it 1 courts 1993–2022 3 in the last five years
The cases below were cited by West Virginia courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
| No positive-treatment citations attached to this issue in West Virginia. | ||
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in West Virginia. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Blockburger v. United States
green
2 sentences2022If no such clear legislative intent can be discerned, then the court should analyze the statutes under the test set forth in Blockburger v. United States, 284 U.S. 299 , 52 S.Ct. 180 , 76 L.Ed. 306 (1932), to determine whether each offense requires an element of proof the other does not. 2022If no such clear legislative intent can be discerned, then the court should analyze the statutes under the test set forth in Blockburger v. United States, 284 U.S. 299 , 52 S.Ct. 180 , 76 L.Ed. 306 (1932), to determine whether each offense requires an element of proof the other does not. | 26 | 1993–2022 |
State v. Gill
green
2 sentences2015Pt. 6, Addair v. Bryant, 168 W.Va. 306 , 284 S.E.2d 374 (1981). 4 involved statutes and, if necessary, the legislative history to determine if the legislature has made a clear expression of its intention to aggregate sentences for related crimes,” and absent a clear legislative intent, “the court should analyze the statutes under the test set forth in Blockburger v. U.S., 284 U.S. 299 , 52 S.Ct. 180 (1932).” Id. at 138, 416 S.E.2d at 255 , syl. pt. 8, in part.8 As to the domestic violence (third offense), the State must show that petitioner had been convicted on two prior occasions of domestic 2000If there is an element of proof that is different, then the presumption is that the legislature intended to create separate offenses." Syllabus point 8, State v. Gill, 187 W.Va. 136 , 416 S.E.2d 253 (1992). | 5 | 1996–2015 |
Addair v. Bryant
green
2 sentences2015Pt. 6, Addair v. Bryant, 168 W.Va. 306 , 284 S.E.2d 374 (1981). 4 involved statutes and, if necessary, the legislative history to determine if the legislature has made a clear expression of its intention to aggregate sentences for related crimes,” and absent a clear legislative intent, “the court should analyze the statutes under the test set forth in Blockburger v. U.S., 284 U.S. 299 , 52 S.Ct. 180 (1932).” Id. at 138, 416 S.E.2d at 255 , syl. pt. 8, in part.8 As to the domestic violence (third offense), the State must show that petitioner had been convicted on two prior occasions of domestic 2015Pt. 6, Addair v. Bryant, 168 W.Va. 306 , 284 S.E.2d 374 (1981). 4 involved statutes and, if necessary, the legislative history to determine if the legislature has made a clear expression of its intention to aggregate sentences for related crimes,” and absent a clear legislative intent, “the court should analyze the statutes under the test set forth in Blockburger v. U.S., 284 U.S. 299 , 52 S.Ct. 180 (1932).” Id. at 138, 416 S.E.2d at 255 , syl. pt. 8, in part.8 As to the domestic violence (third offense), the State must show that petitioner had been convicted on two prior occasions of domestic | 1 | 2015–2015 |
State v. Sayre
green
2 sentences1996If there is an element of proof that is different, then the presumption is that the legislature intended to create separate offenses.’ Syllabus Point 8, State v. Gill, 187 W.Va. 136 , 416 S.E.2d 253 (1992).” See also Syl. pt. 4, State v. Sayre, 183 W.Va. 376 , 395 S.E.2d 799 (1990); Syl. pt. 8, State v. Zaccagnini, 172 W.Va. 491 , 308 S.E.2d 131 (1983). 15 .Case law makes it clear that "where a legislature specifically authorizes cumulative punishment under two statutes, regardless of whether those two statutes proscribe the ‘same’ conduct under Blockburger , a court's task of statutory constr 1996If there is an element of proof that is different, then the presumption is that the legislature intended to create separate offenses.’ Syllabus Point 8, State v. Gill, 187 W.Va. 136 , 416 S.E.2d 253 (1992).” See also Syl. pt. 4, State v. Sayre, 183 W.Va. 376 , 395 S.E.2d 799 (1990); Syl. pt. 8, State v. Zaccagnini, 172 W.Va. 491 , 308 S.E.2d 131 (1983). 15 .Case law makes it clear that "where a legislature specifically authorizes cumulative punishment under two statutes, regardless of whether those two statutes proscribe the ‘same’ conduct under Blockburger , a court's task of statutory constr | 1 | 1996–1996 |
State v. Zaccagnini
green
2 sentences1996If there is an element of proof that is different, then the presumption is that the legislature intended to create separate offenses.’ Syllabus Point 8, State v. Gill, 187 W.Va. 136 , 416 S.E.2d 253 (1992).” See also Syl. pt. 4, State v. Sayre, 183 W.Va. 376 , 395 S.E.2d 799 (1990); Syl. pt. 8, State v. Zaccagnini, 172 W.Va. 491 , 308 S.E.2d 131 (1983). 15 .Case law makes it clear that "where a legislature specifically authorizes cumulative punishment under two statutes, regardless of whether those two statutes proscribe the ‘same’ conduct under Blockburger , a court's task of statutory constr 1996If there is an element of proof that is different, then the presumption is that the legislature intended to create separate offenses.’ Syllabus Point 8, State v. Gill, 187 W.Va. 136 , 416 S.E.2d 253 (1992).” See also Syl. pt. 4, State v. Sayre, 183 W.Va. 376 , 395 S.E.2d 799 (1990); Syl. pt. 8, State v. Zaccagnini, 172 W.Va. 491 , 308 S.E.2d 131 (1983). 15 .Case law makes it clear that "where a legislature specifically authorizes cumulative punishment under two statutes, regardless of whether those two statutes proscribe the ‘same’ conduct under Blockburger , a court's task of statutory constr | 1 | 1996–1996 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.